Terms and conditions
1. Validity of the general terms and conditions
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online shop www.eliah-sahil.com between Eliah Sahil and its customers, who are consumers, even if these are not separately agreed in writing.
2. Recognition of the AGB
By the conclusion of the contract (order by the customer) these AGB are recognized and agreed in any case. AGB – of whatever kind – which are in contradiction to these conditions, are ineffective to the full extent, no matter in which form they are brought to our attention.
3. Defence clause
Deviations from these conditions require our written confirmation in order to be legally effective. The agreement to deviate from this formal requirement in the future must also be made in writing. Silence in relation to deviating general terms and conditions shall not be deemed consent.
4. Conclusion of contract
Internet presence of Eliah Sahil Organic Care on the website www.eliah-sahil.com
The product presentation on the website does not constitute an offer in the legal sense. Our offers are subject to change and non-binding. We reserve the right to make technical and other changes. With the order the customer makes payment at the same time.
In the overview of the assortment of the online shop www.eliah-sahil.com the customer can select the desired product(s) by clicking on the button “Add to cart”. The selected goods are stored temporarily in the shopping basket during the customer’s visit to the website www.eliah-sahil.com By clicking on the “Proceed to checkout” button next to the goods listed in the shopping basket, the ordering process is continued. On the following page, the customer is asked to register for the online shop if he already has an account or to register again otherwise. The customer then selects the place of delivery and the method of payment he wishes to use and enters the data required for making the payment. When choosing external payment services such as PayPal and credit card, the customer will be forwarded to the external website of the payment provider Heidelberger Payment. Before the order is placed, the data relevant to the order is summarized in an “order overview”. The customer is at liberty to check his details in the order overview once again and correct them if necessary before sending his order to Eliah Sahil by clicking on the “Complete order” button. By clicking on the “Complete order” button, the customer submits a binding purchase offer with regard to the goods selected by him.
Upon receipt of the order, Eliah Sahil will send a notification e-mail to the e-mail address provided by the customer confirming receipt of the order and reproducing its contents (hereinafter referred to as “Order Confirmation”). The order confirmation does not constitute an acceptance of the customer’s purchase offer by Eliah Sahil. If Eliah Sahil rejects the contract, the customer will be informed immediately in a separate e-mail.
5. Retention of title
- We reserve title to the goods until the price has been paid in full.
- The retention of title shall not be lost due to further processing of goods delivered by us.
- Our contractual partner is not entitled to resell the contractual items as long as the retention of title exists. If a resale is nevertheless made, our contractual partner hereby assigns to us all claims in the amount of the invoice amount accruing to him from the resale against a third party and undertakes to make a corresponding note in his books or on his invoices.
We hereby accept this assignment. After the assignment we are authorized to collect the claim.
6. Storage of the contract text
The text of the contract, i.e. the customer’s details on the ordering process, is stored by Eliah Sahil and can be viewed by the customer under the link “My Profile” – “My Orders”. Independent of this, Eliah Sahil sends the order confirmation described under 4. and the GTC to the e-mail address provided by the customer.
7. Revocation instruction
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods.
In order to exercise your right of withdrawal, you must inform us, Eliah Sahil, Mariahilfstraße 29, Top 25, 6900 Bregenz, Austria, [email protected], of your decision to withdraw from this contract by means of a clear declaration (for example, a letter or e-mail sent by post).
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We may refuse repayment until we have received and inspected the goods. You must return or hand over the goods to us immediately and in any case no later than fourteen days after the day on which you notify us of the revocation of this contract. The period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the revocation instruction
- All prices are total prices; they include the packaging costs as well as the legal value added tax (value added tax).
- Errors excepted. If the correct price is higher, the customer will be contacted; in this case a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, this price will be charged.
- Shipping costs are not included in the price – they are additional.
9. Shipping Costs
For delivery to Austria and Germany the shipping costs are € 4.00 per order. The respective valid sales tax is included in the shipping costs. From € 45,- we ship the order free of charge.
10. Terms of delivery
- Unless otherwise agreed, delivery shall be made to the address indicated by the customer.
- The delivery time to Austria is 2 – 5 working days and to Germany 3 – 6 working days. For payment in advance, the delivery period begins one day after receipt of the amount on the bank account of Eliah Sahil. In other cases, the delivery period shall commence one day after receipt of the order.
- If the goods are damaged during transport, the customer must immediately notify the transport company of the case of damage and claim the damage there.
- Eliah Sahil does not bear any responsibility in case of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Eliah Sahil is not responsible, Eliah Sahil shall be entitled to withdraw from the contract in whole or in part. Eliah Sahil will inform the customer of this immediately. Claims for damages are excluded in this case. The customer will be informed of any existing delivery restrictions before the start of the ordering process.
- We deliver ex works. The risk shall pass to the buyer as soon as the goods have left our business premises or are handed over to the transporting company.
11. Terms of payment
Eliah Sahil accepts the following payment methods: PayPal, credit card and prepayment.
- Unless otherwise specified, the general statutory provisions shall apply.
- The warranty is excluded for defects caused by the customer. This is particularly the case with improper handling, damaged or opened products.
- In the case of the delivery of used goods, the warranty claims expire in one year.
- The shortened limitation period shall not apply to claims for damages by the customer due to injury to life, limb or health as well as to other damages which are based on a grossly negligent breach of duty by Eliah Sahil or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Eliah Sahil. Furthermore, the shortened limitation period shall not apply to claims for damages due to the negligent or intentional breach of essential contractual obligations. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
- Should delivered items show obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately.
- If a manufacturer’s warranty exists, the customer must assert the claims arising from this directly against the manufacturer. Eliah Sahil’s liability under the warranty is excluded.
13. Right of set-off, Right of retention
- The customer shall not be entitled to set off against our claims unless the customer’s counterclaims have been legally established or are undisputed. The customer shall also be entitled to offset against our claims if he makes a notice of defects or asserts counterclaims from the same purchase contract.
- The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.
14. Data protection
Data protection regulations are contained in the data protection declaration.
Eliah Sahil has copyrights or the consent of the authors in all images, films and texts published on the website www.eliah-sahil.com. The pictures, films and texts may not be used without the express permission of Eliah Sahil.
16. Applicable law
Austrian law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. For consumers, this choice of law shall only apply insofar as it is not contradicted by mandatory provisions.
17. Place of jurisdiction
The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court locally and factually competent for our registered office. If a customer is a consumer, this place of jurisdiction shall only be deemed agreed if this agreement does not conflict with any mandatory statutory provisions.
18. Change of the general terms and conditions / reservation of changes
We are entitled to unilaterally amend these General Terms and Conditions of Business if this is necessary for the elimination of equivalence disturbances arising subsequently or for adaptation to changed legal or technical framework conditions. We will inform the customer of any change by notifying the customer of the content of the changed regulations to the last known e-mail address of the customer. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship with us in writing or text form within six weeks of receipt of the notification of amendment.
19. Severability clause
If a provision of these General Terms and Conditions should be invalid, this shall not affect the validity of the remaining provisions.
as of: 18.06.2019
Based on sample terms and conditions from VON ZANTHIER & SCHULZ